U.S. Senators Michael Bennet and Tom Udall today introduced a constitutional amendment to grant Congress the authority to regulate the campaign finance system. Among other important reforms, the amendment would allow Congress to correct the controversial Citizens United v. FEC Supreme Court ruling on campaign finance that has the effect of allowing virtually unlimited corporate and special interest spending in elections. Joining Udall and Bennet as original cosponsors of the legislation are Sens. Tom Harkin, Dick Durbin, Chuck Schumer, Sheldon Whitehouse and Jeff Merkley.

In 2010, the Supreme Court concluded in a highly contentious 5-4 ruling that corporations deserve the same free speech protections as individual Americans, enabling them to spend freely from their corporate treasuries on campaign advertising.

“The Supreme Court’s reversal of its own direction in the Citizens United decision and other recent cases has had a major effect on our election system,” Bennet said. “State legislatures and Congress now may not be allowed to approve even small regulations to our campaign finance system. This proposal would bring some badly needed stability to an area of law that has been thrown off course by the new direction the Court has taken.”

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The proposed amendment:

• Authorizes Congress to regulate and limit the raising and spending of money for federal political campaigns and allow states to regulate such spending at their level;
• Includes the authority to regulate and limit independent expenditures, such as those from Super PACs, made in support of or opposition to candidates; 
• Would not dictate any specific policies or regulations, but instead would allow Congress to pass campaign finance reform legislation that withstands constitutional challenges.

This is an excellent proposal, but mostly for show. It would need to pass by a two thirds margin in both the House and Senate, then be ratified by at least 38 states. Unlikely, but I appreciate the attempt.